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Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.

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Judgement

Proof of Impotency of Husband Required for Annulment Beyond Allegations

Gujarat High Court MR.JUSTICE JAYANT PATEL and SMT. JUSTICE ABHILASHA KUMARI RATILAL DALAL vs DHARMISTHABEN on 09/08/2010 Law Point: Need Proofs of Impotency of Husband to grant annulment u/s 12 HMA, other than ipse dixit allegations of wife JUDGEMENT 1. The present appeal is directed against judgment and decree dated 26-8-2009 passed by the Family Court No.3, […]

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Sumana Bhasin Vs. Neeraj Bhasin

Court: HIGH COURT OF DELHI Bench: JUSTICE SHIV NARAYAN DHINGRA Sumana Bhasin vs Neeraj Bhasin on 8 February, 2010 Ms. Malvika Rajkotia with Mr. Ranjay N, Adv. For the appellant. Ms. Anu Narula, Adv. For the respondent. Law Point: Order against mother/wife who doesn’t get childern for visitation JUDGEMENT 1. By present petition under Article 227 of the Constitution of India the petitioner has […]

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Grounds for Divorce for NRI in Foreign Land

SUPREME COURT OF INDIA Equivalent citations: 1991 SCR (2) 821, 1991 SCC (3) 451 Sawant, P.B. Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991 Law Point: Conditions for validity of Foreign Divorce Decree (NRI). Decree on a ground unavailable under Indian Law is not enforceable in India. ACT: […]

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Manpreet Singh Talwar Vs. Sukhwinder Kaur Talwar

Court: HIGH COURT OF DELHI Bench: JUSTICE ARUNA SURESH Manpreet Singh Talwar vs Sukhwinder Kaur Talwar on 7 May, 2010 Mr. Rajiv Kataria, Adv. For the appellant. Nemo. For the respondent. Law Point: Irretrievable breakdown of marriage u/s 13B HMA JUDGEMENT ARUNA SURESH, J. (Oral) CM (M) 622/2010 and CM APPL Nos.8583-85/2010 1. Petitioner has filed this petition invoking the powers of this […]

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Subhash Chander Sharma Vs. Anjali Sharma

Court: HIGH COURT OF DELHI Bench: JUSTICE KAILASH GAMBHIR Subhash Chander Sharma vs Anjali Sharma on 14 July, 2010 Mr. Rajiv Dewan, Adv. For the appellant. None For the respondent. Law Point: IRBM explained, not granted JUDGEMENT 1. By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the appellant seeks to challenge the impugned judgment and decree dated 12.05.2003 […]

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Ms. Kashmira Kale Vs. Mr. Kishorekumar Mohan Kale

Court: HIGH COURT OF JUDICATURE AT BOMBAY Bench: R. S. Dalvi Ms.Kashmira Kale vs Mr.Kishorekumar Mohan Kale on 4 March, 2010 Ms.Kokila Kalra with Mr.Abhijit Sarawate, Adv. For the appellant. Mr.Sanjiv A. Sawant, Adv. For the respondent. Law Point: HMA not applicable on NRI domiciled in foreign state. Jurisdiction cannot be made out basis one night stay in Pune/India. JUDGEMENT Rule, returnable This […]

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Poonam Vs. Sumit Tanwar

Court: Supreme Court of India Bench: Aftab Alam, B.S. Chauhan Poonam vs Sumit Tanwar on 22 March, 2010 Law Point: Advocate on Record is not only responsible for lending name but also for ensuring the conduct of case JUDGEMENT 1. This Writ Petition has been filed under Article 32 of the Constitution of India for awarding the […]

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Termination of Pregnancy Without Consent of Husband is Cruelty

Supreme Court of India C.K. Thakker, D.K. Jain Suman Kapur vs Sudhir Kapur on 7 November, 2008 Law Point: Mental Cruelty Defined, termination of pregnancy, calling parents Ghosts is mental cruelty towards husband. JUDGEMENT Leave The present appeal is filed by the appellant-wife being aggrieved and dissatisfied with the decree of divorce dated August 07, […]

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Mukesh Ashok Gundecha & Anr. Vs. Govt. Of Nct Of Delhi

Court: HIGH COURT OF DELHI Bench: MS. JUSTICE ARUNA SURESH Mukesh Ashok Gundecha & Anr. vs Govt. Of Nct Of Delhi on 7 January, 2010 Law Point: 6 months waiver in Mutual Divorce u/s Section 13(B)(2) HMA JUDGEMENT 1. Impugned in this petition is the order of the Additional District Judge, North-West dated 05.12.2009 whereby the […]

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Hirachand Srinivas Managaonkar Vs. Sunanda

Court: Supreme Court of India Appeal (civil) 1473 of 1999 Bench: D.P. Mohapatra, Doraiswamy Raju Hirachand Srinivas Managaonkar vs Sunanda on 20 March, 2001 Law Point: Judicial Separation is not a divorce, doesn’t snap matrimonial ties JUDGEMENT The point that arises for determination in this case is short but by no means simple. The point is this: […]

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